51
10. No Trademark License. No license is granted to you in this Agreement,
either expressly or implicitly, to use any trademark, service mark, names, or
logos of AOL, including America Online, AOL, AOL Instant Messenger,
Instant Messenger, AIM and the Running Man logo. AOL owns all
intellectual property in the Software and the proprietary AOL name space
database, including but not limited to AOL components and algorithms and
access to the Service server complex. AOL and the Netscape Network, if
applicable, owns all customer data collected through the Service
registration process.
11. Injunctive Relief. You acknowledge that the Software contains AOL's
proprietary and confidential information, and that disclosure of such
information or misuse of the Software will give rise to irreparable injury to
AOL, inadequately compensable in damages. Accordingly, AOL may seek
and obtain injunctive relief against the breach or threatened breach of the
foregoing undertakings, in addition to any other legal remedies that may be
available.
12. Construction. If any part of the Agreement is held invalid or
unenforceable, that portion shall be construed to reflect the parties' original
intent, and the remaining portions remain in full force and effect. The laws
of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern
this Agreement, and you expressly agree that jurisdiction for any claim or
dispute arising from the use of the Software resides in the federal and state
courts of the Commonwealth of Virginia.
1041b80a.book Page 51 Friday, January 31, 2003 9:42 AM
